I.T.O. Ward-7(2), Ahmedabad v. Kiran J. Thakor
[Citation -2016-LL-1003-35]

Citation 2016-LL-1003-35
Appellant Name I.T.O. Ward-7(2), Ahmedabad
Respondent Name Kiran J. Thakor
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 03/10/2016
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags unexplained cash • monetary limit
Bot Summary: This appeal by the Revenue is directed against the order of the Ld. CIT(A)- XXI, Ahmedabad dated 20.01.2014 pertaining to A.Y. 2009-10. Firstly, the Revenue is aggrieved by the deletion of the penalty u/s 271(1)(c) in respect of addition of Rs. 2,10,643/- on account of unexplained cash credits. Secondly, the Revenue is further aggrieved in partly deleting the penalty u/s 271(1)(c) in respect of addition of Rs. 11,58,651/- on account of unexplained cash credits. In our considered opinion, this appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 21 of 2015 dated 10.12.2015 by which the CBDT has prescribed the monetary limit for filing the appeal before the Tribunal at Rs. 10 lacs and above. In the light of the aforementioned Circular, this appeal of the Revenue is dismissed. The Revenue is at liberty to come before the Tribunal if it feels that this appeal is not hit by the aforementioned CBDT Circular as per the provisions of the law. In the result, the appeal filed by the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. No: 1003/AHD/2014 (Assessment Year: 2009-10) I.T.O. Ward-7(2), V/S Shri Kiran J. Thakor Ahmedabad 19/Shobhana Apartment, Nr. Sardar Centre, Vastrapur, Ahmedabad (Appellant) (Respondent) PAN: AAKPT3282H Appellant by : Shri Prasoon Kabra, Sr. D.R. Respondent by : None ORDER Date of hearing : 03 -10-2016 Date of Pronouncement : 03 -10-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. This appeal by Revenue is directed against order of Ld. CIT(A)- XXI, Ahmedabad dated 20.01.2014 pertaining to A.Y. 2009-10. 2 ITA No. 1003/Ahd/2014 . A.Y. 2009-10 2. grievance of Revenue is twofold. Firstly, Revenue is aggrieved by deletion of penalty u/s 271(1)(c) in respect of addition of Rs. 2,10,643/- on account of unexplained cash credits. Secondly, Revenue is further aggrieved in partly deleting penalty u/s 271(1)(c) in respect of addition of Rs. 11,58,651/- on account of unexplained cash credits. 3. total levy of penalty under dispute before First Appellate Authority was at Rs. 4,83,283/-. In our considered opinion, this appeal by Revenue has to be dismissed in light of CBDT Circular No. 21 of 2015 dated 10.12.2015 by which CBDT has prescribed monetary limit for filing appeal before Tribunal at Rs. 10 lacs and above. In light of aforementioned Circular, this appeal of Revenue is dismissed. 4. However, Revenue is at liberty to come before Tribunal if it feels that this appeal is not hit by aforementioned CBDT Circular as per provisions of law. 5. In result, appeal filed by Revenue is dismissed. Order pronounced in Open Court on 03 - 10- 2016 Sd/- Sd/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: True Copy Rajesh I.T.O. Ward-7(2), Ahmedabad v. Kiran J. Thakor
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